European Court of Human Rights

THIRD SECTION

DECISION

Application no. 5032/02
Aivars ZABLACKIS and Tatjana PIMČENKOVA
against Latvia

The European Court of Human Rights (Third Section), sitting on 17 January 2012 as a Chamber composed of:

Josep Casadevall, President,
Corneliu Bîrsan,
Alvina Gyulumyan,
Egbert Myjer,
Ineta Ziemele,
Luis López Guerra,
Mihai Poalelungi, judges,
and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 21 January 2002,

Having regard to the decision of 30 November 2010,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Aivars Zablackis and Ms Tatjana Pimčenkova, are Latvian nationals who were born in 1950 and 1974 respectively and live in Rīga.

The Latvian Government (“the Government”) were represented by their Agent, Mrs I. Reine.

The applicants complained under Articles 3 and 8 of the Convention about the legality of the search of 29-30 June 1999, its disregard for the interests of their children and the miscarriage of a child.

These complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

By letter dated 26 May 2011, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 10 May 2011 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants received this letter on 11 June 2011. However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Marialena Tsirli Josep Casadevall
Deputy Registrar President